McCreary v. Waco Lodge No. 70
Texas Commission of Appeals
Appeal from McLennan county. Opinion by Walker, P. J. Statement.— This suit was brought by the appellants against the defendant, appellee, on an account for lumber amounting to §435.79, furnished by them for the purpose of building a lodge room or hall for the defendant.
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Appeal from McLennan county. Opinion by Walker, P. J. Statement.— This suit was brought by the appellants against the defendant, appellee, on an account for lumber amounting to §435.79, furnished by them for the purpose of building a lodge room or hall for the defendant. The plaintiffs sued for the amount alleged to be due and to en= force their lien as material-men, under the statute giving a lien to mechanics, laborers, artisans, etc., upon the said building and the lot on which the same is situated. The petition was filed September 22, 1875, and judgment was rendered June 13, 1876. The…
1Opinion of the Court
Opimos.— Among other questions involved upon the demurrer, those two which are indicated by the recitals of the judgment itself, alone are conclusive of the merits of this appeal and decisive of it.
The petition as amended alleged that, to fix and secure the lien, the plaintiffs had served the duplicate of the bill of particulars, which had been duly recorded under the statute, upon the defendant “by handing it to M. 13, Herring, as chairman of the regularly appointed and fully authorized building committee of defendant, on the same day that the other duplicate was filed for record as set up…
2Cases cited1 opinion
- Frieberg, Klein & Co. v. Elliott & WrightTexas Supreme Court · 1885